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Court Reverse for Opponents of Health Data Ban
In the US, the Supreme Court says it will not consider overturning a New Hampshire ban on the use of prescriber-identifiable data for marketing purposes. The law is contested by research and data firms including IMS Health and SDI / Verispan.
In March, the firms argued that the law - which was enacted in 2006, overturned in a district court a year later and then reinstated by a federal appeals court last November - was unconstitutional because prescriber-identifiable data is protected commercial speech under the First Amendment. Research Associations CASRO and PMRG weighed in in support of the researchers in May.
The legislation was designed to stop undue influence on prescribing behavior by drug companies, but the research companies believe it will ultimately drive up healthcare costs and damage consumer interests. In a statement yesterday, the companies said that 'Federal law and public opinion continue to move rapidly toward greater transparency and the use of information to improve quality, safety and treatment outcomes, and to reduce costs', citing the current stimulus package and healthcare reforms as examples.
Also this week, a federal appeals court in New York has denied a request by the companies and other organisations to block a similar law due to come into force in Vermont tomorrow. A fresh challenge to this law will be opened tomorrow, according to IMS Health's Director of External Affairs Philip Oliva, with a decision likely next spring. Oliva says that nationally, states are moving away from data bans, with none of the 20 to 25 states considering them since 2007 deciding to press ahead. He adds: 'The federal trend is toward more transparency'.
Web sites are at www.imsfreespeech.org and www.sdihealth.com .
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